Federal Trade Commission v. Guignon

I respectfully dissent.

In my view, a reversal of the District Court’s decision is required by the language of the Federal Trade Commission Act, the legislative history of the Act, and past practice; and is supported by policy considerations.(1) The language of the Federal Trade Commission Act.

It is conceded that Congress has reserved to the Attorney General “except as otherwise authorized by law, the conduct of litigation in which the United States, an agency or officer thereof is a party, or is interested, and securing evidence therefor * * *” (28 U.S.C. § 516, Supp. II 1967); and subject to…